Seattle pushes for stricter regulations on police use of less-lethal force at protests

The Seattle City Council is considering a new ordinance that would further restrict the Seattle Police Department’s use of less-lethal tools during crowd control situations, such as protests and large gatherings.

The proposed measure, which aligns with existing state laws, would prohibit the use of tools like pepper spray, tear gas, and batons unless there is an imminent risk of a riot, barricaded subject or hostage situation.

Under the proposal, tear gas use would be a "last resort". Both a Seattle police supervisor and the city’s mayor would need to grant approval to use tear gas and issue a civil emergency order. 

The ordinance also requires SPD to prioritize deescalation and collaboration with event organizers to maintain public safety at demonstrations, festivals, and other gatherings.

The ordinance would repeal previous sections of the Seattle Municipal Code and would introduce new requirements for transparency. SPD would be required to publish its crowd management policies and issue annual reports on the use of force in crowd management, in collaboration with the Office of Inspector General for Public Safety.

police with tear gas photo

Police use tear gas after protests against the death of George Floyd, a black man who died May 25 in the custody of Minneapolis Police, turned destructive in Seattle, Washington on May 30, 2020. - Clashes broke out and major cities imposed curfews as (Photo by JASON REDMOND/AFP via Getty Images)

The proposal follows reforms initiated after mass demonstrations in 2020 in support of Black Lives Matter and against police violence.

According to the ordinance drafted by the Seattle mayor's office, roughly 15,000 complaints were made of police conduct related to SPD's response to the protests.

In 2020, U.S. District Judge James Robart temporarily blocked Seattle’s ban on less-lethal police weapons, warning it could hurt public safety and hinder officers’ ability to de-escalate dangerous situations. He asked oversight bodies to review how the ordinance might affect police reforms.

Then, in 2021, Judge Richard Jones extended a ban on using chemical and projectile weapons against peaceful protesters.

In 2023, after more than a decade, the majority of a federal consent decree placed on SPD had been lifted. SPD has been under the thumb of a consent decree – federal oversight requiring the department to reform policing tactics. In 2012, the U.S. Department of Justice found officers frequently used excessive force, failed to de-escalate interactions and failed to properly assist people in mental health crises, all without facing consequences.

Seattle has spent about $200 million on its efforts, including the cost of new policies, database systems and other expenses.

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